Mere Eligibility Does Not Confer Any Right Of Promotion: Punjab & Haryana High Court Reiterates
1 week, 5 days ago

Mere Eligibility Does Not Confer Any Right Of Promotion: Punjab & Haryana High Court Reiterates

Live Law  

The Punjab and Haryana High Court has reiterated that promotion is not a fundamental right, and it cannot be claimed from the date that the vacancy to a post arises nor does mere eligibility confer any right for promotion. Referring to the Supreme Court's decision on this subject, Justice Namit Kumar said, "It is a well settled proposition of law that promotion is not a fundamental right, however, consideration for promotion is a fundamental right as has been held by the Hon'ble Supreme Court in “Ajit Singh vs State of Punjab”.Equally, it is well settled that neither the promotion can be claimed from the date of occurrence of vacancy nor from the date of acquiring eligibility. The petitioner has already been promoted to the post of Accountant on 31.01.2020 and she has no vested right of claiming promotion from the date of occurrence of vacancy or acquiring eligibility." The court further referred to Supreme Court's decision in I. Chuba Jamir and others vs The State of Nagaland and others wherein it was held that "mere eligibility does not confer any right for promotion".

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History of this topic

Mere Eligibility Does Not Confer Any Right Of Promotion: Punjab & Haryana High Court Reiterates
1 week, 5 days ago

Mere Eligibility Does Not Confer Any Right Of Promotion: Punjab & Haryana High Court Reiterates

Live Law  

The Punjab and Haryana High Court has reiterated that promotion is not a fundamental right, and it cannot be claimed from the date that the vacancy to a post arises nor does mere eligibility confer any right for promotion. Referring to the Supreme Court's decision on this subject, Justice Namit Kumar said, "It is a well settled proposition of law …

'Two Sets Of Rules For Promotion To Same Post, Candidate Cannot Be Denied Promotion In One And Denied Same In Another': Delhi High Court
1 month, 1 week ago

'Two Sets Of Rules For Promotion To Same Post, Candidate Cannot Be Denied Promotion In One And Denied Same In Another': Delhi High Court

Live Law  

A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur while allowing a Petition observed that if two sets of rules lead to promotion to a single post, it would not make sense to allow the Petitioner relaxation as per one rule and deny him the same as per another. When the Petitioner went to have …

'Two Sets Of Rules For Promotion To Same Post, Candidate Cannot Be Denied Promotion In One And Denied Same In Another': Delhi High Court
1 month, 1 week ago

'Two Sets Of Rules For Promotion To Same Post, Candidate Cannot Be Denied Promotion In One And Denied Same In Another': Delhi High Court

Live Law  

A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur while allowing a Petition observed that if two sets of rules lead to promotion to a single post, it would not make sense to allow the Petitioner relaxation as per one rule and deny him the same as per another. When the Petitioner went to have …

[Rajasthan Police Service Rules] Penalty Of Censure Cannot Come In Way Of Promotion Where Criteria For Is Seniority-Cum-Merit: High Court
1 month, 3 weeks ago

[Rajasthan Police Service Rules] Penalty Of Censure Cannot Come In Way Of Promotion Where Criteria For Is Seniority-Cum-Merit: High Court

Live Law  

Rajasthan High Court has reaffirmed that a penalty of censure is not an impediment in promotion where the selection criteria to the post is not solely based on merit but also has a component of seniority in it. It was the case of the petitioner that since the penalty of stopping three annual grade increments was set aside by the …

Promotion Not Employee's Inherent Right, But Right To Be Considered For Promotion Accrues When Juniors Are Considered: Jharkhand High Court
4 months, 2 weeks ago

Promotion Not Employee's Inherent Right, But Right To Be Considered For Promotion Accrues When Juniors Are Considered: Jharkhand High Court

Live Law  

The Jharkhand High Court has ruled that while promotion is not an employee's inherent right, the right to be considered for promotion arises when juniors are considered. The Petitioner argued that despite being eligible for promotion, his application was not considered due to the absence of his Annual Confidential Report, which prevented the Departmental Promotion Committee from evaluating his case. …

Unblemished Record Necessary For Promotion, Employee Facing Criminal Charges Not Entitled To Promotion During Pendency: J&K High Court
7 months ago

Unblemished Record Necessary For Promotion, Employee Facing Criminal Charges Not Entitled To Promotion During Pendency: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has ruled that a government employee facing criminal charges cannot claim promotion while the proceedings are pending. The court made these observations while addressing the petition of Naba Kumar Giri, a 54-year-old Assistant Sub Inspector in the Central Reserve Police Force who had challenged the denial of his promotion and financial benefits, …

Disabled staff to get quota in promotion with effect from 2016
1 year ago

Disabled staff to get quota in promotion with effect from 2016

The Hindu  

December 29, 2023 12:48 am | Updated 02:42 am IST - New Delhi The Union government on Thursday issued an order paving the way for Persons with Disabilities to be considered for reservation in promotions up to the lowest rung of Group A posts in the Central government, with effect from June 30, 2016. The Office Memorandum said, “No financial …

High Court sets aside Haryana law guaranteeing 75% reservation to locals in private sector
1 year, 1 month ago

High Court sets aside Haryana law guaranteeing 75% reservation to locals in private sector

The Hindu  

The Punjab and Haryana High Court on Friday quashed the Haryana government’s law guaranteeing 75% reservation to locals in private sector jobs in Haryana. The court of Justice Gurmeet Singh Sandhawalia and Justice Harpreet Kaur Jeewan pronounced the order to quash the law – Haryana State Employment of Local Candidates Act, 2020 – while hearing multiple petitions against the implementation …

Delay In Approaching Authorities Not A Ground To Deny Promotion Of Eligible Persons: Andhra Pradesh High Court
1 year, 4 months ago

Delay In Approaching Authorities Not A Ground To Deny Promotion Of Eligible Persons: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has allowed an employee’s claim for promotion after 12 years, holding that every individual has the right to be considered for promotion. It is for the authorities to consider the case of promotion of the eligible persons as per their right and as per their turn.” The petitioner had approached the Court challenging the promotion …

Best Of 2022- Important Judgments From North East High Courts
2 years ago

Best Of 2022- Important Judgments From North East High Courts

Live Law  

As the end of year 2022 is nearing, LiveLaw brings to you a bunch of important Cases from the High Courts of Gauhati, Meghalaya, Tripura, Sikkim and Manipur. Consent Obtained By Threat Immaterial, Not Valid U/S 90 IPC: Gauhati High Court Upholds Conviction For Rape Case Title: Sri Bhairab Das v. The State of Assam Citation: 2022 LiveLaw 30 The …

Mere Existence Of Vacancy Per Se Will Not Create Right In Favour Of Employee For Retrospective Promotion: Supreme Court
2 years, 10 months ago

Mere Existence Of Vacancy Per Se Will Not Create Right In Favour Of Employee For Retrospective Promotion: Supreme Court

Live Law  

The Supreme Court observed that mere existence of vacancy per se will not create a right in favour of an employee for retrospective promotion.The promotion to a post should only be granted from the date of promotion and not from the date on which vacancy has arisen, the bench comprising Justices Sanjay Kishan Kaul and MM Sundresh observed.M.S. Challenging the …

Haryana private sector law put on hold
2 years, 11 months ago

Haryana private sector law put on hold

Hindustan Times  

The Punjab & Haryana high court on Thursday put on hold the Haryana government’s law to reserve 75% private sector jobs, paying up to ₹30,000 a month, for local candidates in the state -- a decision that comes as a setback to the Manohar Lal Khattar government, and a relief to industry bodies that have opposed it. The Haryana law …

Before Providing Reservation In Promotions To A Cadre, State Obligated To Collect Quantifiable Data Regarding Inadequacy Of Representation Of SC/STs : Supreme Court
2 years, 11 months ago

Before Providing Reservation In Promotions To A Cadre, State Obligated To Collect Quantifiable Data Regarding Inadequacy Of Representation Of SC/STs : Supreme Court

Live Law  

On Friday, the Supreme Court delivered the judgment in the issue relating to reservation in promotions. Article 16 read as under - "Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion to any class or classes of posts in the services under the State in favour of the Scheduled Castes and …

HC gives Haryana six months to finalise promotion policy for differently-abled employees
3 years, 2 months ago

HC gives Haryana six months to finalise promotion policy for differently-abled employees

Hindustan Times  

The Punjab and Haryana high court has directed the Haryana government to frame a policy as expeditiously as possible, but not later than six months on the promotional avenues to differently-abled employees. The court has disposed of an appeal filed by the state government in which it had challenged the October 2018 order of the commissioner for persons with disability, …

Persons With Disabilities Have Right To Reservation In Promotions : Supreme Court
3 years, 6 months ago

Persons With Disabilities Have Right To Reservation In Promotions : Supreme Court

Live Law  

The Supreme Court on Monday held that persons with physical disabilities have right to reservation in promotions also.A 2-judge bench comprising Justices Sanjay Kishan Kaul and R Subhash Reddy held so dismissing an appeal filed by the State of Kerala against a judgment of the Kerala High Court.The Supreme Court said that the High Court judgment was. The Supreme Court …

Promotion Of Candidate Will Take Effect From Date Of Eligibility And Not Date On Interview: Delhi High Court
3 years, 9 months ago

Promotion Of Candidate Will Take Effect From Date Of Eligibility And Not Date On Interview: Delhi High Court

Live Law  

The Delhi High Court on Monday held that the promotion of a candidate would take effect from date of eligibility and not from the date of interview as per the Career Advancement Scheme governed by the UGC Regulations. The prayer in the three petitions, filed on behalf of Dr. Kiran Gupta, Prof. PB Pankaja and Manju Arora Relan, sought for …

'Reservations in promotions not a fundamental right': SC says states not bound to provide quotas to SCs, STs in jobs
4 years, 10 months ago

'Reservations in promotions not a fundamental right': SC says states not bound to provide quotas to SCs, STs in jobs

Firstpost  

The Supreme Court gave the verdict during a case regarding the validity of a 2012 notification by the Uttarakhand government to fill up vacancies in government jobs without giving reservation to the SC/ST communities. In a judgment delivered Friday, the Supreme Court ruled that states are not legally bound to provide quotas to Scheduled Castes and Scheduled Tribes in government …

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